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The cross-gender monitoring project : CSC’s response to the third and final annual report Table of Contents
INTRODUCTIONThe Correctional Service of Canada (CSC) launched the Cross-Gender Monitor Project in 1998 in response to recommendation 5(f) to (j) of the March 1996 Report of the Commission of Inquiry into Certain Events at the Prison for Women in Kingston (Arbour Report):
The independent Monitor named to study the application of cross-gender staffing conducted her work over three consecutive years. The third and final report entitled The Cross-Gender Monitoring Project - Federally Sentenced Women's Facilities - Third and Final Annual Report was received in 2001. CSC immediately initiated an internal and external consultation on the recommendations. Almost simultaneously with the completion of the Monitor’s final report, the Canadian Human Rights Commission (CHRC) commenced its work in response to the March 2001 complaint laid by the Canadian Association of Elizabeth Fry Societies (CAEFS) and National Women’s Association of Canada (NWAC) and supported by a number of other non-governmental organizations (NGO). In a letter dated September 14, 2001, the CHRC advised the CSC Commissioner that it had made a decision to take action in response to the complaint:
The CHRC subsequently provided CSC [and the complainants] with the issues it intended to investigate as part of its systemic review. Their intended scope of work encompassed the issue of men as frontline workers as well as an extensive research and consultation process. Consequently, CSC postponed its official response to the final report of the Cross-Gender Monitor. However, throughout the CHRC review, CSC continued to work on areas of concern for women’s corrections identified in the final report as well as on actions in response to recommendations for women’s corrections contained in the April 2003 report of the Auditor General [Chapter Four – Reintegration of Women Offenders] and the November 2003 26th Report of the Standing Committee on Public Accounts. In particular, there is a significant overlap in the areas of concern addressed by the CHRC and those addressed by the Monitor. As will be clearly visible from this response, the CSC response to the CHRC recommendations is also in large part the response to the Cross-Gender Monitor final report. The CSC wishes to thank the Cross-Gender Monitor for her work in identifying and providing a thoughtful analysis to several issues subsequently re-examined in the CHRC systemic review. Like all the reports on women offenders, both pre- and post-Creating Choices, the Monitor’s report reflects a strong commitment to ensuring that women’s corrections in Canada continues to evolve within a frame that respects the law, the right of women offenders to be protected from discrimination and contributes to public safety. CSC wishes to assure the public, staff, women offenders and stakeholders that it is committed to strengthening its gender- and rights-based analysis required to meet the challenge of designing and delivering effective corrections for women offenders. RECOMMENDATION 1 TO 4RECOMMENDATION 1 RECOMMENDATION 2 RECOMMENDATION 3 RECOMMENDATION 4 Background: These first four recommendations are all related and will be considered as one for the purpose of response. When the final report was received in 2001, CSC commenced its review of the recommendations with particular focus on recommendation 1, given its potential impact on the management of women’s institutions. CSC conducted extensive external and internal consultations and approximately five hundred responses were received, including the results of surveys of women offenders conducted independently by the inmate committees. As well, a CSC / Union of Canadian Correctional Officers (UCCO) working group conducted interviews at the women’s institutions and collected data to assess the impact of men frontline workers on operational practices. On the recommendation to discontinue the practice of cross-gender staffing, the majority disagreed with the Cross-Gender Monitor’s recommendation that men should not be permitted to be frontline workers in women’s institutions. CSC also initiated a number of activities over the years of the Cross-Gender Monitor’s work to improve the staffing and training process for women’s institutions:
The revised WCTP is a national training standard and, as such, is considered mandatory training. As well, in February 2004, CSC took action to establish dedicated resources to ensure corporate compliance with the National Training Standards. The Director General, Learning and Development has been designated by Executive Committee as the spending authority for the training envelope and reports regularly to Executive Committee on compliance with the National Training Standards. It should be noted that all CSC external staffing processes require a criminal records check. This is also a requirement for all contractors who, to fulfill the terms of their contract, are in contact with offenders. The CSC survey results on the employment of men are consistent with both the results of the Cross-Gender Monitor and the results of the interviews conducted by the CHRC during the research for their Report, Protecting Their Rights (pages 41-43; 2003). As described in its report, in addition to the interviews and consultations, the CHRC conducted a human rights analysis, using the three part test, on the employment of men in frontline positions and it concluded that “the Correctional Service of Canada must vigorously pursue other alternatives before impairing the employment rights of men in such a fashion”(p. 43). Having reached this conclusion, the CHRC focused its recommendations in this area on the National Operational Protocol – Frontline Staffing and on the application of the WCTP (recommendation 5 (a) to (d)). Response: CSC accepts the CHRC’s conclusion that it is appropriate at this time for CSC to maintain its cross-gender staffing processes. Further, as referenced in response to recommendation 5 of the CHRC report, CSC will focus continued attention on compliance with policy and practices related to staffing and training in women’s institutions. RECOMMENDATION 5, 8 AND 9RECOMMENDATION 5
RECOMMENDATION 8 RECOMMENDATION 9 Background: These three recommendations all focus on harassment, with specific reference to sexual harassment, and will be considered as one for the purpose of response. The CHRC noted in their report, Protecting Their Rights, that in their interviews with women offenders, incidents of harassment were brought to their attention but that harassment is not widespread. They concluded however that “even isolated incidents warrant attention. Harassment is particularly devastating for women with histories of abuse.” The CHRC did not distinguish between types of harassment. To ensure continued movement on the concerns around harassment, the CHRC recommended strengthening operational safeguards through action on the National Operational Protocol. As well, the CHRC made a recommendation concerning CSC’s harassment policy (recommendation 14). CSC is committed to providing a workplace that is free of harassment and discriminatory behaviour. To that end, CSC has established a program of anti-harassment training for all staff. As well, mechanisms, both internal and external (such as the police) are in place to investigate charges by offenders of harassment of any type by staff, contract workers and volunteers. It should be noted that allegations of behaviour that may fall under the Criminal Code are immediately referred to the police for investigation. If the police subsequently advise there is insufficient evidence to lay a criminal charge but the allegations are believed to be founded, CSC will take internal action under its policy. While the institution will call the police, a woman offender has the right to refuse to be interviewed once they arrive at the institution. Response: CSC issued Policy Bulletin 146 - Harassment and Policy Clarification - Investigation of Harassment Complaints by Offenders in June 2003 (Policy Bulletin 146 on harassment has been revised and republished under number 186). It is CSC's general practice to allow complainants and respondents to be accompanied by a support person of their choosing during meetings and interviews relating to their complaint whether it is a complaint under the grievance system or a complaint to the Office of the Correctional Investigator, etc. The harassment policies can be accessed through the CSC website at www.csc-scc.gc.ca. Further, as referenced in the CSC action plan in response to CHRC recommendation 14, CSC will undertake a number of actions to strengthen offender and staff awareness of harassment issues and investigation processes. RECOMMENDATION 6RECOMMENDATION 6 Background: External redress bodies in place are the Office of the Correctional Investigator and the CHRC. As well, offenders have access to the courts. CSC’s Commissioner's Directive 084- Inmates' Access to Legal Assistance and the Police and subsections 97(1), (2) and (3) of the Corrections and Conditional Release Regulations serve to ensure that inmates are provided with reasonable access to legal counsel. Criminal harassment, assault and sexual assault are criminal offences; allegations of such acts are referred to the police for investigation. Response: The recommendation for independent redress will be considered in the context of the review of independent redress pursuant to recommendation 19 of the CHRC report. RECOMMENDATION 7RECOMMENDATION 7 Background: The Government believes the mandate of the Correctional Investigator is extremely important and, hence, has provided the office with increased funding in recent years. Response: The reporting relationship of the Correctional Investigator will be considered in the context of the review of independent redress pursuant to recommendation 19 of the CHRC report. RECOMMENDATION 10RECOMMENDATION 10 Background: CSC has continuously and regularly consulted with a broad number of partner organizations, agencies, government departments and community groups throughout the evolution of women offender corrections. As the complaint submission to the CHRC and the subsequent consultations conducted by the CHRC demonstrate, there are a multiplicity of groups and individuals with expertise in women’s issues as well as one agency, CAEFS, which focuses exclusively on women in conflict with the law. Given its focus, CSC meets regularly at all levels with CAEFS and its member societies. In addition, CSC has strengthened the Citizens' Advisory Committees (CAC), and ensured linkages between the CAC for women’s institutions and the Deputy Commissioner for Women (DCW). As well, periodic consultation takes place with the Heads of Corrections Women Offender Subcommittee and the National Aboriginal Advisory Committee. In addition, wardens of the women’s institutions have established their local and regional consultative processes and fora. Response: CSC will continue its current practice of: issue-specific consultations with groups and individuals with expertise in the issues under review; periodic broad-based national consultations with a wide range of stakeholders; ongoing interface with the women’s institutions’ CAC; and, regular interaction at the national and local level with CAEFS and its member societies. RECOMMENDATION 11RECOMMENDATION 11 Background: The Cross-Gender Monitor submitted her final report in winter 2001. In March 2001, the CHRC received a submission from CAEFS with the support of a number of NGO requesting that the CHRC investigate the treatment of women offenders. The CHRC agreed to do so. As the concerns submitted included the employment of men as frontline workers, the CHRC review de facto became an independent review of correctional service delivery for women offenders. The CHRC conclusions and recommendations addressing the issue of the employment of men are covered primarily under recommendations 5 and 14 of the CHRC report. Under recommendation 5(d), the CHRC recommended an external evaluation of the National Operational Protocol, which the CHRC deemed a critical safeguard in balancing the rights of men with respect to employment and the rights of women offenders not to be discriminated against in correctional services related to custody. Response: CSC will conduct an independent evaluation in fiscal year 2007-2008.
Acronym Legend
Library and Archives Canada Cataloguing in PublicationCorrectional Service Canada The cross-gender monitoring project : CSC’s response to the third and final annual report
Text in English and French on inverted pages.
Internet (HTML) :
1. Women prisoners – Canada. HV9507.C67 2005 365’.43’0971 C2005-980042-9E The Cross-Gender Monitoring Project:
CSC’s Response to the Third and Final Annual Report
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Last Updated:
2005.03.02
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